Tuesday, June 26, 2012

Publication ban the right decision for Eaton Centre victims

Here a young man, a child in fact, is shot and badly injured while visiting Toronto with his family. His identity (something much in flux as a young teen) is made the subject of public scrutiny.

And his name really doesn't matter at all.
Finally he was afraid for his safety -- and there were gang related connections in the Eaton Centre case: "The victims themselves don't want their names mentioned. ... they are afraid and they themselves have asked that their names not be published."

The Justice of the Peace made the right call. Keeping the name confidential was the right decision:

The Star can't name a 13-year-old victim of the Eaton Centre shooting, or his mother and sister, because Justice of the Peace Alice Napier ordered a publication ban on the victims' identities.

It was Crown attorney Mary Humphrey who made the request and criminal defence lawyer Susan von Achten who consented to keeping the names secret on June 4 at Old City Hall.
...
The imposed ban falls under section 486.5 (1) and (2) of the Criminal Code, which was enacted in 2005.

The ban is meant to protect victims if "there is a real and substantial risk" they would "suffer significant harm if their identity were disclosed," according to a 2006 report published by the Attorney General's office.

The actual wording of the section is vaguer, saying the ban can be ordered if it "is necessary for the proper administration of justice."

Von Achten told the Star the ban was requested for two reasons.

"The victims themselves don't want their names mentioned. That's the Crown's aspect of the application for the publication ban," she said. "My understanding is that they are afraid and they themselves have asked that their names not be published."